Kluwer Arbitration

SEPTEMBER 27, 2024

In the first case, the buyer is obligated to pay the minimum amount, whereas in the second case, the clause might be adapted pursuant to Articles 112 and 113 of the Brazilian Civil Code. He mentioned the FIDIC contracts and Article 7.1.6

Sustainability 52

Sustainability Contract Import Buyers 52

Kluwer Arbitration

NOVEMBER 21, 2023

The ART has the potential to significantly influence the strategies and outcomes of arbitration cases, which makes it a subject of considerable interest among legal professionals. Given the importance of this novel dimension, this article discusses the objectives of the ART, its merits, potential challenges, and its impact on arbitration.

Innovation 52

Innovation Import Influencing Balance 52

Kluwer Arbitration

FEBRUARY 24, 2024

For instance, the IBA Report notes that the Morocco Model BIT prevents investors and investments from initiating dispute settlement under its provisions if they have not complied with anti-money laundering, bribery, corruption, and anti-terrorist standards outlined in Article 19 of the Model BIT (IBA Report, pp.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

MARCH 20, 2024

The panel however agreed that a good balance is to be found, first because not everything should be recorded, but also because a too strict or inefficient record management can lead to a considerable loss of time and productivity. Despite the LCIA’s default rule that the institution selects the tribunal members ( Article 5.6

Import 52

Import Efficiency Negotiation Tender 52

Inter-American Development Bank

MAY 31, 2022

The administration of the tax would require a single tax return (consolidated balance sheet of the mega MNE) to be filed with the tax authorities of the country where the ultimate parent company is domiciled, and the information would be shared with the other countries. billion a year.

Thresholds 52

Thresholds Distribution Electronics Accountability 52

Kluwer Arbitration

NOVEMBER 14, 2023

Unfortunately, however, no matter how dreadful the influence peddling and raw pecuniary corruption might have been, it is not even the gravest of the English High Court’s revelations – nor is it the real answer to the $11 billion dollar question.

Corruption 40

Corruption Contract Sustainability Import 40

Kluwer Arbitration

DECEMBER 14, 2024

Arbitrations evolution has intensified during the time of my editorship and has influenced the ways in which public discourse on arbitration is currently conducted. This article critically analyses the extant conflict resolution mechanisms under the Africa Continental Free Trade Area (AfCFTA) Protocol, noting its strengths and weaknesses.

Management 52

Management Corruption Negotiation Import 52

Kluwer Arbitration

DECEMBER 4, 2023

Dispute Design and Public Participation In treaty ISDS, arbitration often follows the generic framework of an IIA, which restricts a state’s influence over the specific dispute, potentially impacting legitimacy as it may appear to surrender sovereignty to external entities. It’s a fine balance.

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

Dispute Design and Public Participation In treaty ISDS, arbitration often follows the generic framework of an IIA, which restricts a state’s influence over the specific dispute, potentially impacting legitimacy as it may appear to surrender sovereignty to external entities. It’s a fine balance.

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

APRIL 1, 2024

Mehranvar noted that these observations underscore a concerning trend where countries with greater influence in the creation of the ISDS regime are once again re-writing the (asymmetric) rules, paving the way for the re-legitimization of an inherently flawed system. Canada and E.U.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

DECEMBER 12, 2024

and Gabriella Palmieri (Italian Attorney General) highlighted the complex interaction between international, transnational and national law, and they agreed on the need to find a balance between environmental protection and economic competitiveness. of the Paris Agreement.

Finance 52

Finance Sustainability Balance Export 52

How to Crack a Nut

OCTOBER 22, 2024

This led AG Campos to conclude, on this issue, that … there are many reservations to raise as against the classification of the “collection of agreements” at issue as a genuine public works contract within the meaning of Article 2(1)(6) of Directive 2014/24.

Procurement 52

Procurement Finance Purchasing Contract 52

The Coalition for Government Procurement

NOVEMBER 2, 2023

The PAP includes other directives and guidance that raise questions regarding equity and balance in the evaluation and negotiation of FSS pricing terms. Significantly, FSS Blanket Purchase Agreements (BPAs), which leverage individual agency requirements, now account for over 53% of the dollar value of orders under the program.

Supply Chain 52

Supply Chain Price E-procurement Contract 52

Kluwer Arbitration

JANUARY 30, 2024

In 2023, investor-State dispute settlement (ISDS) reform has been influenced by growing concerns over climate change and state responsibility. This gap would need to be filled by a combination of international, regional, and domestic legal frameworks that are layered to balance risk management and investment protection.

Influencing 59

Influencing Balance Risk Management IT 59

Kluwer Arbitration

NOVEMBER 4, 2023

SIAC appears to be on the frontlines of influencing this progress, having administered cases involving 169 parties from the Philippines with a total sum in dispute in excess of SGD 5 billion in the last five years. This article is submitted in a personal capacity. Gloria Lim , CEO of SIAC, and Ms.

Purchasing 52

Purchasing Participation Efficiency Influencing 52

Kluwer Arbitration

FEBRUARY 26, 2025

It was held that unilateral arbitrator appointments undermine this principle, tilting the balance in favour of the appointing party. In case of sole arbitrators, the appointing partys influence raises legitimate concerns of bias. This would be consistent with the principles of party autonomy and minimal judicial intervention.

Balance 59

Balance Transparency Engineering Influencing 59

The Procurement School

FEBRUARY 16, 2023

Business decisions have been influenced by the theory of the Invisible Hand. Any model which is primarily profit-based from a Supply side needs to be effectively balanced by the Demand side. If you are reading this article, you are likely WEIRD. We all should take responsibility to act within our sphere of influence.

Procurement 52

Procurement Supply Chain Total Cost of Ownership Sustainability 52

Kluwer Arbitration

FEBRUARY 23, 2025

Each contracting state of the ICSID Convention may designate up to four individuals deemed to be of high moral character and recognized competence in the fields of law, commerce, industry or finance (Article 14 of the ICSID Convention ). The stipulated criteria are much broader than the ones suggested for the MIC.

Influencing 52

Influencing Data Balance Finance 52

Kluwer Arbitration

FEBRUARY 14, 2025

To determine arbitrability, this article recommends that tribunals facing a challenge to arbitrability should apply both the lex arbitri (law governing arbitration) and the lex societatis (law governing the corporation). The article also recommends establishing a presumption of arbitrability for corporate disputes.

Participation 52

Participation Influencing Balance Corruption 52

Kluwer Arbitration

NOVEMBER 15, 2024

Niamh Leinwather , discussed the media’s influence on arbitration. This was followed by a panel led by Mr. Pedro Martini, which focused on the possibility of restoring contractual balance. The discussion of the panel was focused on the media’s influence on arbitration. The first panel, moderated by Ms.

Media 52

Media Influencing Balance Transparency 52

Kluwer Arbitration

DECEMBER 16, 2024

This article reports on the second day of the JCAA Arbitration Days, held in hybrid format on 21 November 2024. JCAA aims to strike a balance between efficiency and quality by providing a reasonable amount of scrutiny performed by its secretariat. who attempted to shield assets from seizure, in a London-seated arbitration.

Transparency 98

Transparency Quality Influencing Import 98

Kluwer Arbitration

JANUARY 20, 2025

The Working Group III, during its 47th and 48th sessions (succeeding the 43rd and 46th discussions), discussed the draft statute of the Advisory Centre, which, per articles 6 and 7 of the draft statute, has the mandate of capacity building and provision of legal support and advice with regard to an international investment dispute proceeding.

Balance 52

Balance Finance Capacity Budget 52

Kluwer Arbitration

JANUARY 23, 2025

It also introduces two articles emphasizing the leadership of the Communist Party of China and adding an extra layer of administrative control, which depart from international convention and have raised concerns within certain quarters of the arbitration community.

Ethics 52

Ethics Influencing Innovation Efficiency 52

Federal News Network

NOVEMBER 5, 2024

Balancing in-house expertise and contractor support While contractors play a crucial role in government, it’s important to note that we often rely too much on them. Finally, mission leaders must be self-aware and recognize how their actions can influence contractor performance.

Accountability 59

Accountability Contract Government Government 59

Kluwer Arbitration

FEBRUARY 5, 2025

Since the signing of the ECT on 17 December 1994, the Government of the Portuguese Republic has served as the ECTs Depositary in line with Article 49 [(Depositary)] of the Treaty. To address this, an amendment to Article 49 of the ECT, adopted on 3 December 2024, designates the Secretariat as the successor Depositary.

Negotiation 52

Negotiation Sustainability Contract Finance 52

Procurement Notes

MARCH 16, 2023

“The federal funds rate is the interest rate at which depository institutions trade federal funds (balances held at Federal Reserve Banks) with each other overnight.” [50] Seasonal adjustment removes the effects of recurring seasonal influences from many economic series, including consumer prices. 54] John H.

Government Contracts 40

Government Contracts Government Government Contract 40

Kluwer Arbitration

JANUARY 15, 2025

Under Article 25(1) of the SCC Rules, unless agreed upon by the parties, the Board shall decide the seat of arbitration. Each decision is tailored to the specific circumstances of the case, ensuring a balanced, competent, and diverse tribunal. Two languages to come soon are Uzbek, Romanian, and Portuguese.

Efficiency 52

Efficiency Participation Quality Corruption 52